in3 Customer terms and conditions
When you purchase an item (a Purchase) from a seller (a Shop), you enter into an agreement with that Shop. This document does not cover the agreement between you and the Shop.
Where the Shop has set up agreements with in3, you can choose to pay using in3 Garant at that Shop. This is a payment method operated by in3, where you can pay for your Purchase in three equal instalments:
- The first at the time of Purchase.
- The second within 30 days.
- The third within 60 days.
in3 is the trading name for Capayable B.V., whose registered office is at Meerenakkerweg 1a, 5652 AR Eindhoven, The Netherlands. Capayable B.V. is registered in the Chamber of Commerce commercial register under number 59234784. Capayable B.V. is registered for VAT under number NL853381082B01.
If you opt for in3 Garant when purchasing from the Shop, you will be entering into the following agreement with in3, alongside your agreement(s) with the Shop:
- Your Purchase.
- 1.1. By making the Purchase from the Shop, you become responsible and liable for the resulting payment obligations (the Purchase price). The Shop will raise an invoice or issue a receipt to you for the Purchase Price.
- 1.2. The terms and conditions applying to the Purchase Price are those you agree with the Shop. These customer terms and conditions cover the additional agreement with in3 regarding the in3 Garant payment method.
- 2. Your Application
- 2.1. In applying for in3 Garant (an Application), you are declaring as follows:
- (a) Your delivery and invoice addresses are in the Netherlands and are not a PO box or service point.
- (b) You are aged 18 or over and enjoy legal capacity.
- (c) You have not been declared bankrupt or placed in receivership or administration, and no debt rescheduling is in place. Furthermore, no such application has been made before the Court.
- (d) Any (personal) data which you have supplied to the Shop or in3 is accurate and complete.
- When you submit the Application, you are requesting in3 to provide the in3 Garant service immediately.
- 2.1. In applying for in3 Garant (an Application), you are declaring as follows:
- 3.1. in3 considers your Application on receipt.
- 3.2. If in3 turns down your Application, in3 will notify you of this. in3 is under no obligation to explain why it is turning down your Application. If in3 turns down your Application, but you still wish to proceed with the Purchase, you must find alternative means for paying the Purchase Price to the Shop.
- 4. If in3 approves your Application
- 4.1. If in3 approves your Application, in3 will notify you of this. Approval may come with conditions attached. You will be notified of such conditions if this is the case.
- 4.2. If in3 approves your Application, an agreement comes into effect between you and in3. These Customer terms and conditions form part of that agreement. You can check these Customer terms and conditions at any time on the in3 website, or request a fresh copy (for free) from in3. Your agreement with in3 ends automatically once you have paid the total outstanding balance to in3 in accordance with these terms.
- 4.3. If in3 approves your Application, this does not imply that you have a good credit score or are able to pay all instalments. You are personally responsible for your Application and making sure the credit suits your financial position. You must, therefore, decide for yourself whether in3 Garant is right for your circumstances and the specific Purchase, and whether you can meet the Instalments (as defined below). Should you consider that you might not be able to meet the Instalments, you should not apply for in3 Garant.
- 5. If you change your mind
- 5.1. Where your Application has not yet been approved by in3, but you decide not to proceed with in3 Garant, you can withdraw your Application by cancelling the Purchase and not paying your first instalment to in3.
- 5.2. Where your Application has already been approved by in3, but you decide not to proceed with in3 Garant, you can always pay the balance in full directly to in3. Your agreement with in3 will then come to an end.
- 5.3. If you wish to cancel the Purchase, clause 8 below explains how to do so.
- 6. Assignment to in3
- Your Purchase.
Should in3 approve your Application, you will become liable for payment of the Purchase Price to in3. This arises when the Shop assigns the debt for the Purchase Price to in3. You will be notified when this assignment takes place.
- 7. 3 Instalments
- 7.1. To allow in3 Garant to make payment, you agree with in3 that you no longer have to pay the full Purchase Price to the Shop in one go at the time of Purchase.
- 7.2. You become liable instead for 3 new debts (Instalments) to in3, which together amount to the Purchase Price. The first Instalment is due for immediate payment at the time of Purchase. The second Instalment is due within 30 days after the time of Purchase. The third Instalment is due within 60 days of Purchase. The debts do not incur interest within the aforementioned terms.
- 7.3. Instalments are set against the Purchase Price. Each time you pay an Instalment, the balance of the Purchase Price will automatically reduce by the amount paid, as does the balance of the Instalments due. This continues until there are no more Instalments or balance of the Purchase Price outstanding. So, provided you make all Instalment payments on time, you don’t have to concern yourself further with the Purchase Price.
- 8. Returns
- 8.1. If you wish to return or cancel the Purchase, you should contact the Shop.
- 8.2. You remain liable towards in3 for payment on time and in full, until such time as the Shop accepts your return and has informed in3 of this.
- 8.3. Where you return the Purchase (in whole or in part) and the Shop accepts your return, the Purchase Price and the Instalments will reduce by the value of the return. Where the second and third Instalments are still outstanding, those Instalments are reduced in the following order: third Instalment first, followed by the second.
- 8.4. Where the value of the return is greater than the outstanding Instalments, in3 will refund the balance to the bank account from which you paid the first Instalment. If in3 does not know which bank account you paid the first Instalment from, in3 will notify you of this and advise how to provide details of your bank account. Once you have provided details of your bank account to in3 in accordance with the instructions, in3 will issue the refund to that bank account.
- 9. How to pay
- 9.1. You can pay any outstanding Instalments early at any time, without incurring additional charges.
- 9.2. in3 may require you to pay any outstanding Instalments immediately on demand. in3 may demand this where, for instance, the Application is found to contain inaccuracies, or where in3 is required to do so on legal or other grounds, or under instruction from the regulatory authorities.
- 9.3. Instalments and the Purchase Price can only be paid using the payment link advised to you by in3 for that purpose.
- 10. If you fail to pay, or fall behind with payments
- 10.1. The date on which your payment clears in the bank account specified by in3 is considered the date of payment. You should therefore allow for the time needed by banks to process payments. Late payment is at your own risk and expense.
- 10.2. If you do not pay on time, in3 will send you a reminder and/or notice of default with a deadline for payment. If payment remains outstanding after that payment deadline, you may incur additional charges. In3 may apply these charges even if you are permitted to return the Purchase or do so after the payment deadline. Charges might include, for instance, the costs of lawyers, bailiffs or a collection agency.
- 10.3. If you do not pay all Instalments within 60 days, the balance of the Instalments and Purchase Price will remain outstanding. Instalments will still be set off against the Purchase Price, so you will never have to pay twice. If you pay the balance outstanding against the Instalments, the Purchase Price reduces by the same amount. And if you pay the balance outstanding against the Purchase Price on-demand from in3, the balance of the Instalments reduces by the same amount.
- 11. Communication and complaints
- 11.1. If you have any queries or wish to message in3, you can contact them by email at email@example.com. You can also call in3 on +31 (0)88-3993333.
- 11.2. You can also raise a complaint using the European ODR platform
- 11.3. You cannot contact in3 with questions, complaints or other correspondence regarding the Purchase or its delivery. You should contact the Shop directly for this.
- 11.4. If you move to a new address or change your email address, you must notify in3 immediately. Failure to do so will mean in3 will not know you have moved or have a new email address and so will continue to use the old one. If, as a consequence, you do not receive messages from in3, or receive them too late, this will be at your own expense and risk.
- 11.5. in3 may communicate with you electronically. Messages can also be sent by email or via your account in the in3 app. in3 will communicate with you in Dutch and your agreement with in3 is therefore concluded in Dutch.
- 12. Information
- 12.1. If any of the information you provided to the Shop or in3 proves to be inaccurate or incomplete, you will be liable for any damages in3 suffers as a result.
- 12.2. in3 may request further information at any time in connection with meeting legislation and regulations. Any information requested by in3 should be forwarded directly to in3.
- 13. Exclusion of liability
- 13.1. in3 is not liable whatsoever for any damage you might suffer, except where it is responsible for the damage under statutory provisions.
- 13.2. Where in3 is liable for any damage you might suffer, it shall only be liable for direct loss. in3 is not liable at any time for indirect loss, e.g. loss of profits or loss of savings.
- 14. Dutch law and the Dutch courts
- 14.1. Dutch law applies to your agreement with in3 and to any related non-contractual obligations.
- 14.2. Dutch courts have jurisdiction to hear disputes in connection with your agreement with in3 and any related non-contractual obligations.
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